By Ellis S.B. No. 637
74R4886 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of a pilot program to develop
1-3 electronic benefits transfer systems that permit the use of food
1-4 stamps in farmers markets.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. PILOT PROGRAM. (a) The Texas Department of
1-7 Human Services by rule shall establish an electronic benefits
1-8 transfer (EBT) pilot program for farmers markets.
1-9 (b) In adopting rules under this section, the department
1-10 shall:
1-11 (1) follow the recommendations of the task force
1-12 created by Section 2 of this Act; and
1-13 (2) ensure that the pilot program is designed so that:
1-14 (A) EBT technology can be used at each farmers
1-15 market that currently accepts or is interested in accepting food
1-16 stamps in each county included in the program; and
1-17 (B) each farmer who currently accepts food
1-18 stamps at a farmers market in a county included in the program is
1-19 guaranteed access to EBT technology.
1-20 (c) The department shall select two or more counties in
1-21 which to establish the pilot program. In selecting each county,
1-22 the department shall follow the recommendations of the task force
1-23 created by Section 2 of this Act.
1-24 (d) The department shall follow the recommendations of the
2-1 task force created by Section 2 of this Act in determining which
2-2 technology option to test in each location so as to ensure that the
2-3 task force has sufficient information to make a responsible
2-4 recommendation to the department regarding appropriate permanent
2-5 adoption of EBT to farmers markets.
2-6 SECTION 2. TASK FORCE. (a) An interagency task force is
2-7 created to advise and assist the Texas Department of Human Services
2-8 in:
2-9 (1) developing an EBT pilot program for farmers
2-10 markets; and
2-11 (2) selecting two or more counties in which to
2-12 establish the program.
2-13 (b) The task force is composed of a representative of:
2-14 (1) the comptroller's office, appointed by the
2-15 comptroller;
2-16 (2) the Department of Agriculture, appointed by the
2-17 commissioner of agriculture;
2-18 (3) the Texas Department of Human Services, appointed
2-19 by the commissioner of human services;
2-20 (4) farmers markets, appointed by the Texas Certified
2-21 Farmers' Market Association;
2-22 (5) nonprofit organizations that work with farmers
2-23 markets and low-income communities, appointed by the commissioner
2-24 of human services; and
2-25 (6) each company with whom the department contracts
2-26 for the installation and operation of the EBT system, appointed by
2-27 the commissioner of human services.
3-1 (c) A member of the task force serves at the will of the
3-2 appointing agency.
3-3 (d) The task force shall elect a presiding officer and any
3-4 other necessary officers.
3-5 (e) The task force shall meet at least quarterly and at
3-6 other times as necessary at the call of the presiding officer. The
3-7 task force shall hold its first meeting not earlier than September
3-8 1, 1995, and not later than December 31, 1995, at the call of the
3-9 commissioner of human services.
3-10 (f) The appointing agency is responsible for the expenses of
3-11 a member's service on the task force. The Department of
3-12 Agriculture is responsible for the expenses of the farmers markets'
3-13 representative's service on the task force. A member of the task
3-14 force receives no compensation for serving on the task force.
3-15 (g) The task force shall:
3-16 (1) establish goals for the pilot program;
3-17 (2) develop and submit to the Texas Department of
3-18 Human Services recommendations on the design and implementation of
3-19 the pilot program; and
3-20 (3) recommend to the Texas Department of Human
3-21 Services two or more counties in which to establish the program.
3-22 SECTION 3. REPORT. Not later than January 15, 1997, the
3-23 Texas Department of Human Services shall submit to the governor and
3-24 the 75th Legislature a report concerning the effectiveness of the
3-25 pilot program.
3-26 SECTION 4. DEADLINES. (a) The appointing agencies shall
3-27 appoint the members of the task force established by Section 2 of
4-1 this Act not later than September 1, 1995.
4-2 (b) The Texas Department of Human Services shall establish
4-3 the pilot program required by this Act not later than January 1,
4-4 1996.
4-5 SECTION 5. EXPIRATION DATE. This Act expires September 1,
4-6 1997.
4-7 SECTION 6. EMERGENCY. The importance of this legislation
4-8 and the crowded condition of the calendars in both houses create an
4-9 emergency and an imperative public necessity that the
4-10 constitutional rule requiring bills to be read on three several
4-11 days in each house be suspended, and this rule is hereby suspended,
4-12 and that this Act take effect and be in force from and after its
4-13 passage, and it is so enacted.